ROCHESTER — A Middleton man who was arrested late last month for allegedly threatening and assaulting his neighbor waived his probable cause hearing Monday afternoon and had his $15,000 bail changed to cash or surety at the Rochester Circuit Court.

John H. Roche III, 51, was transported to the court Monday from the Strafford County jail, where he's been held since July 28, when he was arrested. In attendance was his family as well as his victim.

At his July 29 arraignment, Roche entered no plea on the felony charges of second-degree assault and criminal threatening with a deadly weapon. His bail was then set at $15,000 cash.

On Monday his attorney, Linda J. Slamon, requested that while conditions remain the same, his bail be reduced to personal recognizance or no more than $1,000 cash due to his limited criminal history and absolutely no history of failure to appear.

County Attorney Tim Sullivan requested the court maintain his cash bail, not for fear that he'd fail to appear, but because of the concern for public safety. He said that though other incidents have not been reported, the victim's family said there have been ongoing threats from Roche.

According to the affidavit, the victim alleges Roche was armed with a baseball bat when he entered the victim's property. He was allegedly swinging the bat at trees and cursing while walking toward the victim.

The victim told police Roche swung the bat at him twice before he was able to grab it and throw it.

Police checked the location the victim described throwing the bat to and found a metal baseball bat.

Court documents allege Roche held a cinder block over the victim's head threatening to kill him. Police found two cinder blocks. The affidavit states, “next to one cinder block was an outline on the ground consistent with a cinder block having been moved from that location.”

Roche was also accused of choking his victim to the point where he lost consciousness. The victim was transported to Frisbie Memorial Hospital for what police described as serious injuries, including several abrasions to his upper body and back area, before being released later in the day.

Judge Daniel Cappiello changed Roche's bail to $15,000 cash or surety at the hearing on Monday, but maintained all conditions.

If bail is posted, Roche will require supervision by Strafford County Community Corrections with a sobrietor. He is ordered to refrain from excessive use of alcohol, use or possession of narcotic drugs or weapons, and is not allowed contact with the victim or the victim's property.

Roche is facing the charge of second-degree assault for knowingly engaging in the alleged strangulation of another and criminal threatening with a deadly weapon by physical conduct for threatening the victim by allegedly holding the cinder block over his head while expressing his intent to kill him.

Both charges are Class B felonies that can result in 3½ to 7 years in prison if convicted.